Opinion Library
Texas court rulings translated into actionable litigation strategy.
This Week's DigestStrategy Category
847 opinions found
In re Brandon Charles Cole
COA05
Relator Brandon Charles Cole filed a petition for writ of mandamus after the trial court denied his motions to recuse in two related cases. The Dallas Court of Appeals analyzed the petition on both procedural and substantive grounds. Procedurally, the court found the Relator failed to provide a sworn or certified record of the trial court proceedings as required by Texas Rules of Appellate Procedure 52.3 and 52.7. Substantively, the court applied Texas Supreme Court precedent holding that a denial of a motion to recuse does not satisfy the 'no adequate remedy by appeal' requirement for mandamus relief. The court held that because the recusal issue can be raised on appeal following a final judgment, mandamus intervention is unavailable, and the petition was denied.
Litigation Takeaway
"You cannot use a mandamus petition to immediately overturn a judge's refusal to recuse themselves; instead, you must proceed to trial and reserve the issue for a standard appeal after the final decree. Furthermore, any attempt at mandamus requires a strictly certified or sworn record—procedural errors alone are sufficient for the appellate court to dismiss your petition."
Jay Morgan v. The State of Texas
COA03
Jay Morgan appealed his conviction for indecency with a child, arguing that the evidence was insufficient and that the trial court erred by denying his motion for a new trial without an evidentiary hearing. Morgan’s motion was based on a post-trial affidavit from his ex-fiancée, who claimed she had recanted her incriminating statements to investigators before the trial but was told she did not need to testify. The Third Court of Appeals analyzed whether the affidavit established "reasonable grounds" for relief, concluding it was too conclusory and failed to demonstrate why the evidence could not have been presented at trial with reasonable diligence. The court also held that the complainant’s testimony was legally sufficient to support the jury's verdict, affirming the conviction with a minor clerical modification.
Litigation Takeaway
"A post-trial "recantation" affidavit is not an automatic ticket to a new hearing; to reopen a case or set aside an order, the moving party must show the new evidence is specific, material, and could not have been discovered earlier through reasonable diligence."
Ralston v. Ralston
COA07
Two family members, James and Anthony Ralston, were involved in a dispute over the ownership and possession of a residence. After a district court issued a partial summary judgment quieting title in Anthony’s favor and voiding James’s claims, Anthony initiated a forcible detainer (eviction) action in the county court at law. James argued that the county court lacked jurisdiction because the title dispute was still 'active' since the district court's judgment was only partial and not yet final. The Amarillo Court of Appeals affirmed the eviction, holding that once a district court adjudicates title—even through an interlocutory or partial summary judgment—the jurisdictional bar for forcible detainer actions is removed. The court also held that a notice to vacate is not required to be signed to be valid under Texas Property Code § 24.005.
Litigation Takeaway
"In intra-family property disputes, you do not need a final, appealable judgment to begin eviction proceedings; an interlocutory or partial summary judgment from a district court quieting title is sufficient to establish jurisdiction for a forcible detainer action in a lower court."
Pesca Holding LLC v. Skoldeberg
COA04
In Pesca Holding LLC v. Skoldeberg, a jury trial was held regarding alleged fraud in a business sale. Although the defendants prevailed on the liability claims, they failed to include a question about attorney’s fees in the jury charge. The trial court, believing an informal agreement to bifurcate the issues existed, later convened a second jury trial specifically for fees. On appeal, the San Antonio Court of Appeals analyzed whether a party waives attorney's fees by failing to submit them to the initial factfinder. The court held that because attorney’s fees are questions of fact for the jury, they are waived unless the record contains a clear and unambiguous bifurcation agreement, such as a written Rule 11 agreement. Finding no such agreement in the record, the court reversed the $800,000 fee award and rendered a take-nothing judgment.
Litigation Takeaway
"Never rely on an informal or "handshake" agreement to handle attorney’s fees after a jury trial; if the fee question isn't in the jury charge and you don't have a signed Rule 11 agreement to bifurcate, you waive your right to fees the moment the jury is discharged."
Fusilier v. State of Texas ex rel. Galloway
COA04
Joshua Fusilier appealed a civil protective order issued in favor of Valencia Galloway, arguing that his subsequent acquittal in a related criminal case necessitated the order's dissolution and that the evidence against him was insufficient. The Fourth Court of Appeals affirmed the order, explaining that civil protective orders and criminal trials operate under different legal standards—"preponderance of the evidence" versus "beyond a reasonable doubt." The court held that a complainant's credible testimony regarding a physical struggle is legally sufficient to support a finding of family violence, and a "not guilty" verdict in criminal court does not invalidate a civil court's finding that violence was likely to occur.
Litigation Takeaway
"In Texas, a criminal acquittal does not automatically overturn a civil protective order. Because the 'burden of proof' is lower in civil proceedings, a family court can still maintain a protective order even if the state fails to secure a criminal conviction for the same conduct."
Robert Garrison Cheshire v. The State of Texas
COA12
In a consolidated appeal from child–sexual-assault convictions, Cheshire argued the evidence was legally insufficient because both complainants had made inconsistent statements and there was recantation-related evidence in treatment notes and to third parties, and he also claimed ineffective assistance of counsel and reversible error from denial of a continuance. Applying the Jackson v. Virginia legal-sufficiency standard and deferring to the jury on credibility conflicts, the Twelfth Court of Appeals held a rational jury could find the elements of aggravated sexual assault of a child beyond a reasonable doubt based on the complainants’ detailed disclosures in protocol-based forensic interviews, their in-court testimony, corroborative context including a journal discovered during treatment, and testimony explaining delayed disclosure/recantation dynamics. The court further held Cheshire failed to meet Strickland because the record did not demonstrate both deficient performance and prejudice, and it found no reversible error in the continuance ruling because he did not make a concrete, record-supported showing of specific harm from the denial. The convictions were affirmed.
Litigation Takeaway
"Recantation and inconsistent statements rarely end the inquiry—when a case includes a structured forensic interview, detail-rich outcry evidence, corroborating context (e.g., journals/treatment disclosures), and testimony explaining delayed disclosure or recantation, courts typically treat contradictions as jury credibility issues. In family-law SAPCR/protective-order strategy, build (or attack) the “credibility mosaic”: protective parties should preserve forensic-interview and corroboration evidence and explain recantation dynamics; accused parties must go beyond impeachment and develop affirmative proof of contamination, motive, or methodological flaws, and make a detailed record for any continuance request."
Arturo Diaz, et al. v. Herc Rentals Inc.
COA08
In this case, a creditor (Herc Rentals) sought to reach assets transferred by a debtor (Arturo Diaz) to a newly formed LLC intended to shield those assets from a judgment. The debtor argued that the claims under the Texas Uniform Fraudulent Transfer Act (TUFTA) were barred by the four-year statute of repose. The Eighth Court of Appeals analyzed the 'discovery rule' within TUFTA, which allows a claim to be brought within one year of when a transfer 'could reasonably have been discovered.' The court held that the public filing of articles of incorporation with the Secretary of State constitutes constructive notice as a matter of law, meaning the clock started when the entity was formed, not when the debtor's fraudulent intent was later revealed in a deposition. Consequently, the claims were extinguished.
Litigation Takeaway
"Public records are notice to the world; in divorce litigation involving business owners, counsel must perform regular Secretary of State entity searches to identify newly formed shell companies. Waiting for formal discovery or depositions to uncover a spouse's fraudulent intent may result in your claims being barred by the statute of repose if the entity's formation was publicly recorded more than a year prior."
Paredes v. State
COA08
In a prosecution for indecency with a child, the defendant challenged the admission of an unindicted extraneous sexual offense involving the same complainant. The defendant argued the evidence was irrelevant and unfairly prejudicial under Rule 403. The El Paso Court of Appeals analyzed the evidence under Texas Code of Criminal Procedure Article 38.37, which permits propensity evidence in specific child-sex cases, and the Gigliobianco factors for Rule 403 balancing. The court found the evidence was highly probative of intent and propensity and that the State had a significant "need" for the evidence because the defense's strategy centered on attacking the victim's credibility. The court held that the trial court did not abuse its discretion in admitting the evidence, as its probative value was not substantially outweighed by the risk of unfair prejudice or confusion.
Litigation Takeaway
"In cases involving family violence or sexual misconduct where credibility is the central issue, "pattern" evidence of other bad acts is often admissible to rebut claims of fabrication. To win the Rule 403 balancing test, practitioners should emphasize the factual similarities, temporal proximity, and the heightened "need" for such evidence when the opposing party's theme is that the victim is lying or coached."
In the Matter of the Marriage of Njipwo
COA07
In a Williamson County divorce case, the husband insisted that Cameroon law govern the property division. When the trial court rejected this, the husband explicitly requested on the record to discharge his attorney and signed a handwritten withdrawal order to proceed pro se. The trial court subsequently divided the marital estate based on unsworn property spreadsheets and attorney statements. On appeal, the husband challenged both the withdrawal of his counsel and the evidentiary basis of the property division. The Amarillo Court of Appeals affirmed the decree, holding that the "invited error" doctrine precluded the husband from complaining about a withdrawal he specifically requested. Additionally, the court found that the husband waived any objection to unsworn evidence by failing to object at trial and proceeding on an agreed factual basis.
Litigation Takeaway
"Be cautious when making mid-trial demands; once you explicitly request a procedural change—such as discharging your lawyer—or fail to object to the use of unsworn property summaries, the "invited error" and waiver doctrines may permanently bar you from challenging those issues on appeal."
Shamsa v. Reagan
COA05
In Shamsa v. Reagan, a homeowner who acquired her property via a divorce decree sued her neighbor for adverse possession over a disputed boundary strip. The neighbor argued the homeowner lacked standing because the divorce decree contained a scrivener's error in the legal description of her own lot. The Dallas Court of Appeals analyzed constitutional standing, concluding that the right to assert title via adverse possession depends on the claimant's actual appropriation of the disputed land, not the perfection of the record title to their adjacent property. The court held that Reagan had standing and title to the strip, but reversed the award of attorney’s fees because Texas law does not provide a statutory basis for fees in adverse possession suits.
Litigation Takeaway
"Clerical errors in a divorce decree's property description do not automatically strip a party of the right to sue third parties for land ownership; however, clients should be prepared to bear their own legal costs in adverse possession cases as attorney's fees are generally not recoverable."